Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2929
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Advertiser's self-voting on positive reviews as "helpful" may be false advertising

4 months agoIndustries / Law : 43(B)log

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 5106990, No. 13-CV-982 (D. Utah Sept. 19, 2016) Following up on its previous opinion, the court rules again about the possible falsity of reviews posted in exchange for undisclosed gifts of the reviewed product. Show More Summary

Speech in study would be commercial if knowingly false, court rules

4 months agoIndustries / Law : 43(B)log

Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530, No. 14cv1191 (S.D. Cal. Sept. 21, 2016) CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the CrossFit trademark and other intellectual property to affiliate gyms. Show More Summary

FTC wins second appellate victory over 230 defense

4 months agoIndustries / Law : 43(B)log

FTC v. LeadClick Media, LLC, 15 ? 1009 ? cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of a ? liates/publishers to advertise the products of LeadClick’s merchant client, LeanSpa. Show More Summary

43(a) question of the day

4 months agoIndustries / Law : 43(B)log

Actors who played doctors on TV evoke their roles for Cigna ad: any false endorsement implications for Cigna? Tagline: “They’ve saved lives on TV, but now they’re helping save lives for real by teaming up with Cigna to encourage America to get an annual check-up. Show More Summary

Advertising question of the day

4 months agoIndustries / Law : 43(B)log

Does the following pose any advertising issues? Does it matter whether the business sells non-organic food? Thanks to James Grimmelmann for the photo. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

"unique" and "innovative" are puffery

4 months agoIndustries / Law : 43(B)log

LoggerHead Tools, LLC v. Sears Holdings Corp., 2016 WL 5080028, No. 12-cv-9033 (N.D. Ill. Sept. 20, 2016) LoggerHead sued Sears under the Lanham Act and Illinois state law for false advertising; the court granted summary judgment to Sears. Show More Summary

How does race affect copyrightable expression?

4 months agoIndustries / Law : 43(B)log

Fulks v. Knowles-Carter, No. 16-Civ-4278 (S.D.N.Y. Sept. 12, 2016), contains an interesting bit about race and copyrightable expression: [P]laintiff argues that the “race of the characters in the [Film] is irrelevant to the total concept and feel of a film about relationships.” Plaintiff would be correct if the Film were just about relationships. Show More Summary

Packaging trade dress needs specific design, not just color, to be inherently distinctive

4 months agoIndustries / Law : 43(B)log

Forney Industries, Inc. v. Daco of Missouri, Inc., --- F.3d ----, 2016 WL 4501941 (10th Cir.. Aug. 29, 2016) Forney makes retail metalworking parts and accessories and claimed a protected trade dress in the coloration of its packaging,...Show More Summary

Using photos of competitor's product confers statutory Lanham Act standing on competitor

4 months agoIndustries / Law : 43(B)log

Joseph Paul Corp. v. Trademark Custom Homes, Inc., 2016 WL 4944370, No. 3:16-CV-1651 (N.D. Tex. Sept. 16, 2016) JP Homes sued Trademark, its principal, and homeowners for alleged violations of the Lanham Act and copyright infringement. Show More Summary

Celebrity spokesperson isn't directly liable under California consumer protection law

4 months agoIndustries / Law : 43(B)log

Luman v. Theismann, 647 Fed.Appx. 804 (9th Cir. 2016) Plaintiffs sued NAC Marketing Company and Joe Theismann for their advertising statements about NAC’s Super Beta Prostate product, bringing warranty claims as well as the usual California statutory claims. Show More Summary

No duty to disclose child labor production in California, court rules

4 months agoIndustries / Law : 43(B)log

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016 (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic substances….The working conditions on the farms are deplorable. Show More Summary

New review in Jotwell: Nestor M. Davidson & John J. Infranca, The Sharing Economy as an Urban Phenomenon

4 months agoIndustries / Law : 43(B)log

New App City--read it at Jotwell. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Taking advantage of known consumer ignorance is deliberately false, 2d Circuit rules

4 months agoIndustries / Law : 43(B)log

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 15-2411, 2016 WL 4708179, -- F.3d. – (2d Cir. Sept. 9, 2016) Judge Leval deems this “an exceptionally well argued case,” noting the same thing I did: Paul Clement for plaintiff Church & Dwight, Seth Waxman for defendant SPD. Show More Summary

Plumb disappointing: 9th Circuit reinstates 2D-to-3D copyright claim

4 months agoIndustries / Law : 43(B)log

Direct Technologies, LLC v. Electronic Arts, Inc., Nos. 14-56266/14-56745 (9th Cir. Sept. 6, 2016) Electronic Arts makes the game The Sims, and contracted with a production company, Lithomania, to produce a USB flash drive shaped like...Show More Summary

Another court finds that injury from fake "sale" prices is redressable

4 months agoIndustries / Law : 43(B)log

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” item prices, which were not in fact regular. Show More Summary

Stanford Sociology and Psychology of IP

4 months agoIndustries / Law : 43(B)log

Session 5: Fairness, efficiency, and distributive justice Discussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures. Purpose of IP as understood to be to prevent plagiarism—asking for permission is sufficient, though, in many of these lay understandings. Show More Summary

Stanford Sociology & Psychology of IP, branding

4 months agoIndustries / Law : 43(B)log

Session 4: The sociology and psychology of brands Discussion leaders: Jeanne Fromer: A lot of work in this area. Some is about how consumers react to branding in systematic ways. Rule of thumb in talking to branding folks: if you pick a word as a brand, it should be 7 letters or less or 2 syllables or less. Show More Summary

Sociology and Psychology of IP, Session 3: What can we learn from IP-free zones?

4 months agoIndustries / Law : 43(B)log

Discussion leaders: Kate Darling: attribution as something that people want rather than money in “negative spaces.” They know they can monetize their reputations. Systems of self-governance often differ from those of formal law. Attribution preference is not just about fairness/ego. Show More Summary

The Psychology and Sociology of Creativity and IP, Stanford Law School

4 months agoIndustries / Law : 43(B)log

Session 1: Why do people create? Discussion leaders: Jessica Silbey Why and how? Psychological perspective, individual: b/c it’s fun, play; problem-solving; creativity as essential to who they are/identity-forming; as natural. Literature on extrinsic v. Show More Summary

The Psychology and Sociology of IP, patents

4 months agoIndustries / Law : 43(B)log

Session 2: Why do companies patent? Discussion leaders: Lisa Ouellette: Accounts indicate that non-incentive reasons drive much patenting, contrary to standard incentive story. What do sociologists etc. think about this divide in accounts?...Show More Summary

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